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Selectmen minutes March 17, 2003
The weekly meeting of the Board of Selectmen was held on Monday evening, March 17, 2003 at 7:30 p.m.

Present: James F. Morey, Chairman; James M. Hardy, Clerk; Eric W. Greene
        Michael Botelho, Executive Secretary
        Karen Grabau, Adm. Assistant

Terry Aicardi, Local Access Director, met with the Board for the purpose of signing her contract with the Town.

Mr. Hardy explained that the contract was for one year, as the budgets for the next year were uncertain; only change was a 3% increase in salary.

M/Hardy, s/Greene, a unanimous vote, move to approve the employment agreement with Theresa R. Aicardi, Local Access Director for the period of July 1, 2003 to June 30, 2004.

Mr. Greene commended Mrs. Aicardi for her commitment and work on updating the Town’s web site.

Mr. Hardy noted Mrs. Aicardi’s commitment to the Town, is now a resident.

All signed the contract.

Peter Spagone, Director of Veterans’ Services met with the Board for the purpose of signing his contract with the Town.

Mr. Hardy explained that the contract was for 3 years; salary line will be held at same level for 2 years and increase on 3rd year; increase in vacation to 3 weeks per Personnel By-Laws.

Mr. Morey noted that Mr. Spagone, although a part-time employee, is available 7/24 via pager, cell phone, etc.

M/Hardy, s/Greene, a unanimous vote, move to approve the employment agreement with Peter P. Spagone, Director of Veterans’ Services, Veterans’ Agent, Burial Agent and Veterans’ Grave Officer for the period of July 1, 2003 to June 30, 2006.

All signed the contract.

It was noted that no one from the Local Arts Council was present for the 7:45 p.m. appointment.

Open Forum
David Walsh, Finance Committee stated that he wished to thank the Financial team especially James Hardy, John Silva, Ryon Pratt, John Haines and George Samia for the assistance in working on the budgets. Noted that the Finance Committee will be meeting with the various departments over the next few weeks. First meeting will be with General Government, including the Selectmen on Wednesday, March 19. Invited interested residents to attend meetings.

Representative Kathleen Teahen met with the Board to clarify what the legislatures had said at their meeting with members of the Financial Team. Noted that although usually the Governor’s budget is the worse case scenario, there is no way of knowing what the final budget will be. Noted that the House budget will be out on April 17; Senate budget will be shortly after that. Noted that her first priority will be to fight for aid for those needing assistance and secondly for towns local aid.

Board of Selectmen                              -2-                             March 17, 2003

A discussion was held on the Governor’s budget, process for adding revolving accounts within town. Mr. Hardy also explained his understanding of what was said to town officials at the meeting with the legislature representatives. Mr. Greene noted that towns need numbers by June; noted that schools need to know before end of June in order to know whether they will have to do lay-offs.

Board thanked Rep. Teahen for her input.

Chief of Police, John L. Silva met with the Board to discuss the proposed article for town meeting, which he has submitted to the Board.

Mr. Hardy read article as follows:
        Move that the Town vote to petition the Legislature for Special Legislation which
        Would make the chief of police of the East Bridgewater Police Department the appointing
authority for said department, and which Legislation would provide as follows:

        SECTION 1 – Notwithstanding the provision of any general or special law to the
                          Contrary, the chief of police of the Town of East Bridgewater Police
                          Department shall be the appointing authority responsible for all
                          Appointments and promotions within the East Bridgewater Police
                          Below the rank of Chief.

                        This act shall take effect upon passage.

Chief Silva explained his reasons for articles included chance to fine-tune hiring and firing process; Rockland has done through their Charter; Milford did by special legislation; Scituate has Town Manager who does hiring and firing; all other town department heads do hiring/firing.

Mr. Morey stated that this was an issue, which should be brought to the voters as chief has daily command of the department. Supports placing on warrant.

Mr. Hardy stated that he agreed that this should be placed on warrant. Noted that Board has followed the Chief’s recommendations on hiring and on discipline hearings; noted that Board would still be responsible for hiring Chief.

Chief Silva noted that he is under the strong chief law, which allows in department assignments, etc; noted that as he has two sons in department, that he can not take part in any promotional decisions that they have applied for; noted that at this time there are no promotions covered within the budget.

Mr. Greene stated that he did not agree with the article but will allow the voters to make the decision; stated that he felt that the power should remain with the Board of Selectmen.

Chief Silva explained that there would be more accountability by the employee to one boss; Chief would then be responsible to report to Board of Selectmen.

M/Hardy, s/Morey, a unanimous vote, move to approve placing the article submitted by the Chief of Police on the town meeting warrant subject to review as to legality and wording by Town Counsel.

Board of Selectmen                              -3-                             March 17, 2003

Fire Chief Ryon Pratt met with the Board to go over his proposal to inform all places of assembly of the Massachusetts laws regarding Theatrical and Pyrotechnic displays and devices. Explained that the recent nightclub fire in Warwick R.I. has caused everyone to look at regulations and need to educate owners/operators of the laws.

A discussion was held regarding the draft letter. Chief Pratt explained that the letter would be sent to all premises holding Common Victualer, Amusement/Entertainment license and other places of assembly such as churches, schools, etc. Also noted that there is a proposed addendum to renewal and new license applications, which will require licensee to acknowledge that he has read the addendum and note whether he plans to apply for permit for a display.

Chief Pratt noted that the state legislature is looking at new legislation, which may ban pyrotechnic displays; if changes occur, would look at changes to addendum if needed. Noted that at this time, the advisory letter would be sent to all premises as a registered/certified/return receipt, which would be placed in file with copy to fire department. Asked that Town Counsel review letter and addendum prior to Board sending out.

Mr. Morey requested that Town Counsel be given a copy of information for review.

Mr. Hardy suggested that the School Committee be requested to place same addendum on their building use application.

Open Forum  - no one was present at this time.

M/Hardy, s/Greene, a unanimous vote, move to approve the minutes of the March 10, 2003 meeting.

M/Hardy, s/Greene, for the purpose of discussion, move to approve ratifying the employment contract between the East Bridgewater Board of Assessors and Cheryl Pooler, Administrative Assessor/Appraiser.

Mr. Greene stated that he had questions as the contract did not correspond to benefits within the Personnel By-laws; questioned health insurance stipend, vacation, terms of separation, severance.

A discussion was held regarding Mr. Greene’s issues with the contract. Mr. Morey suggested the Board hold vote and allow Mr. Greene to meet with the Board of Assessors to discuss his concerns and place contract on next week’s agenda.

Mr. Hardy withdrew his motion.

M/Hardy, s/Greene, move to approve the renewal of the Seasonal/General on Premises, Wine and Malt License for New England Kart Raceway dba F1 Outdoor Kart Racing Complex, 798 North Bedford Street, Karen M. Quast, Manager.
VOTE: Yes – Morey, Hardy; No – Greene; a majority vote in favor.

M/Hardy, s/Greene, a unanimous vote, move to approve the application for use of the Town Common submitted by Barbara Gillespie, Advisor and Jessica Gormley, President, Class of 2004 to hold the Junior Prom “Grand March” on the Common on May 2, 2003 at 5:00 p.m.

M/Hardy, s/Greene, a unanimous vote, move to approve the application for use of the John L. Silva Athletic Complex submitted by Diane Crowley for Early Childhood Advisory Council for an Easter Egg Hunt on April 14, 2003 from 9:00 a.m. - 12:00 noon.
Board of Selectmen                              -4-                             March 17, 2003

M/Hardy, s/Greene, a unanimous vote, move to approve the request of Terry Aicardi, EBCTV Local Access Director to request all Department Heads to provide information to update the Town’s website as listed on her letter of March 10.

M/Hardy, s/Greene, a unanimous vote, move to approve the request of Cheryl Litterio, Village Nook Restaurant to change the hours of operation to a closing time of 10:00 p.m. Sunday – Saturday.

M/Hardy, s/Greene, a unanimous vote, move to approve the request of Frank W. Ray, Scoutmaster of Boy Scout Troop 29, to use the town hall parking lot on Saturday, March 22 from 9:00 a.m. – 1:00 p.m. for a Bottle and Can Drive.

Executive Secretary Report
        Town has been notified that the February 17 snowstorm will be reimbursable at 75%;
spent in excess of $40,000; Plymouth County briefing on March 25 – will notify John Haines so that he can attend.

Information sheet on Ballot Questions produced by Government Review Study
Committee available at Town Clerk’s and Selectmen’s Offices.

        Household Hazardous Waste Day – Saturday, April 5 at BFI Landfill, Thatcher Street
                No items accepted at Bridge Street Recycling Center will be accepted here.

        Rabies Clinic – April 5 at Cam-Belle’s Country Inn for Pets, 1040 Central Street
                Hours 8 a.m. – 12 p.m. – Cost $10.00

Finance Committee Meeting – Wednesday, March 19 – with General Government
Department Heads including Selectmen – Mr. Hardy to attend

Mr. Greene noted that he would be at the Southeastern Regional Budget Meeting on Wednesday, March 19.

Board Discussion
Letter from Elaine Sands regarding need for stairway from Police Parking lot to Town Hall. Mrs. Grabau noted that she had spoken to Mr. Ray of Troop 29 and he indicated that there were scouts working toward their Eagle Scout who plan to use this project. Board requested that letters be sent to Mrs. Sands and Mr. Ray.

M/Hardy,s/Greene, move to close Open Session and go into Executive Session for the purpose of non-union contract negotiations and possible litigation issues and will not be returning to Open Session.
VOTE: Yes – Greene, Hardy, Morey; a unanimous vote in favor.

Meeting adjourned at 9:00 p.m.

        Board of Selectmen


Town of East Bridgewater, 175 Central Street, East Bridgewater, MA 02333-0386
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